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Court Claim - Arrow Global / Egg - 18-11-2014

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  • Court Claim - Arrow Global / Egg - 18-11-2014

    Received a claim? Yes
    Issue Date: 18-11-2014
    Amount approx: 4000
    Claimant: Arrow Global
    Solicitor: Restons
    Original Credit: Egg

    Particulars of Claim:
    The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and
    Egg
    dated on or about Mar ** 2005 and assigned to the Claimant on Feb 28 2013 in
    the sum of <amount>

    PARTICULARS a/c no - <account number>

    DATE ITEM VALUE
    **/08/2014 Default Balance <amount>
    Post Refrl Cr NIL
    TOTAL - <amount>


    Stat Barred? No

    Have sent: Acknowledged the Claim

    Other Info:
    Hi, and thanks for any help!

    The last payment was made on this account in 2009, and I was expecting it to be SB next year. Over the years, it has been sold to an endless number of collection agencies, and the usual cycle of threats appear until its sold on again. I have made no payment or acknowledgement of this since 2009.

    I was of the opinion that they can not possess the agreement, or one of these companies would have made a claim.

    A few months from SB time, and low and behold - a claim.

    I am hoping this is a last shot at recovering (they offered me 30% off last letter), so I wish to challenge.

    I've followed section 1 of this helpful post:

    http://www.legalbeagles.info/forums/...it-Court-Claim

    But, would really appreciate what to put in the other letter templates to the solicitor and creditor.

    I blocked out some info in the particulars to preserve anonymity, do creditors ever sniff around these forums for back stories on people they make claims against?

    This site look so unbelievably helpful, I can't begin to express how grateful I am for any help.

    Many thanks.
    Tags: None

  • #2
    Re: Court Claim - Arrow Global / Egg - 18-11-2014



    Send the CCA request to the owner and CPR request to their solicitors, as per the link you included, and get those off straight away by recorded delivery.

    There have been past cases where firms track the forums, but that's rare. The important thing is that you share all the main details, otherwise you could get the wrong suggestions.

    Comment


    • #3
      Re: Court Claim - Arrow Global / Egg - 18-11-2014

      Thank you for your prompt reply and kind welcome.

      Just two quick bits of information for the letters (I already have them drafted):

      The numbered things i need to request for my specific particulars.. Would it be:

      1. Contract
      2. Assignment

      as that's all I can distill that they are referencing in the particulars?

      Also, where is says 'I require inspection of the documents you mention in your statement of case ahead of filing my defense on <date>".. what date is this? is it 28 days from the issue date (as I've acknowledged it)?

      Thanks a million!

      Comment


      • #4
        Re: Court Claim - Arrow Global / Egg - 18-11-2014

        You can request a copy of the agreement and also the Notice of Assignment. I don't think the Default Notice is mentioned as it sometimes is because you haven't given the precise wording of the POC.

        After the issue date, 5 days are allowed for the date of service, when you are deemed to have received it. The 28 days counts from the service date, providing you acknowledged within 14 days of service. In other words 33 days from issue is the defence-due date.

        Comment


        • #5
          Re: Court Claim - Arrow Global / Egg - 18-11-2014

          Thank you.

          Just for the record, the POC wording is verbatim, I just switched out numbers for either *'s or <what it was i replaced> tags.

          Thanks again!

          Comment


          • #6
            Re: Court Claim - Arrow Global / Egg - 18-11-2014

            Those POC's are pants - only really can ask for the contract copy under CPR 31.14 - see below
            The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and
            Egg
            dated on or about Mar ** 2005 and assigned to the Claimant on Feb 28 2013 in
            the sum of <amount>

            PARTICULARS a/c no - <account number>

            DATE ITEM VALUE
            **/08/2014 Default Balance <amount>
            Post Refrl Cr NIL
            TOTAL - <amount>
            Otherwise I'd concentrate on the CCA request.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Court Claim - Arrow Global / Egg - 18-11-2014

              Thank you Amethyst, I was just about to go to the post office, but I'll change out the CPR to ask for just the contract.

              Thanks again.

              Comment


              • #8
                Re: Court Claim - Arrow Global / Egg - 18-11-2014

                Sorry xx It'd have been okay going with other stuff in, just buggers things up later if you go to apply for an unless order asking for things you aren't entitled to under CPR 31.14
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Court Claim - Arrow Global / Egg - 18-11-2014

                  No no, it's fine.. I'm glad I got chance to change it! Thank you!

                  Comment


                  • #10
                    Re: Court Claim - Arrow Global / Egg - 18-11-2014

                    Amethyst, in your experience, would you say under the circumstances I listed that there is a good chance that they are making a last ditch attempt to recover it despite not having the documents?

                    I can't for the life of me understand why they would have not sought a judgement in the past 5 years if they had the CCA available? It has been in the hands of numerous agencies, who have sold it on.

                    I know it's impossible to be sure, but just thought I'd ask.

                    sorry to bother you, but would appreciate your input.

                    Comment

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                    SHORTCUTS


                    First Steps
                    Check dates
                    Income/Expenditure
                    Acknowledge Claim
                    CCA Request
                    CPR 31.14 Request
                    Subject Access Request Letter
                    Example Defence
                    Set Aside Application
                    Directions Questionnaire



                    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                    NOTE: If you receive a court claim note these dates in your calendar ...
                    Acknowledge Claim - within 14 days from Service

                    Defend Claim - within 28 days from Service (IF you acknowledged in time)

                    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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